RAVISELVAN, S/O.RAMACHANDIRAN Vs. VARATHARAJA BHOOPATHY

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the fair and decretal order dated 08.12.2015, passed by the learned II Additional Subordinate Judge, Nagercoil, made in I.A. No. 125 of 2014 in A.S. No. 79 of 2013. The petitioner is the third party in A.S. No. 79 of 2013. The petitioner filed I.A. No. 125 of 2014, for impleading himself as a party respondent to the appeal, on the ground that he is the subsequent purchaser and therefore, he is necessary party to decide the issue. The learned Judge considering all the materials on record, dismissed the application holding that for the issue involved in the first appeal, the respondent is not a necessary party. Against the said order of dismissal, the present civil revision petition is filed.

(2.) The learned counsel for the petitioner submitted that the learned Judge erred in dismissing the application on the ground that the suit relates to only Section 14 of Patta Pass Book Act and the petitioner is not necessary party in the appeal. The learned Judge failed to see that the petitioner is a bona fide purchaser and at present, he is the owner of the schedule mentioned property. The learned Judge failed to see that the interest of the petitioner is curtailed and in the interest of justice, the learned Judge ought to have allowed the application.

(3.) The learned counsel for the first respondent has no objection to allow the civil revision petition.